Third party opposition
Khalil
Ahamdi
عضو هیات علمی
author
text
article
2016
per
Abstract Third –party oppositionIn Dispute among different persons having common interest, issuances of judgement to the loss of one of the plaintiff’s doesnot lose the rights of other plaintiffs. For this reason, objection by third party is not needed. In Dispute among defendants having common interest, if the judgment issued against one of the defendants and from the result of that judgment is used to the loss of other defendant, loss of created to the their rights and to delete induced loss, it should be protest to the that judgment. Because issuance of orders doednot loss to the third parties, orders arenot protestable by third party. In case of accepting third allegation, desition of court is to the form of judgment. Since court cannot contraditts main claim in case of order, there isnot possibility of formal objection to the main claim by third protester.This paper is relating to third party's objection.
Private Law Research
Allameh Tabataba’i University
2345-3583
4
v.
15
no.
2016
9
33
https://jplr.atu.ac.ir/article_4459_c4abef8866fcacd13c5720b8c0b6bd53.pdf
dx.doi.org/10.22054/jplr.2016.4459
accelerate the damage
حسن
ره پیک
استاد دانشگاه علوم قضایی وخدمات اداری
author
hamid
afkar
دادیار دادسرای عمومی و انقلاب مشهد
author
text
article
2016
per
In realization of the damages, the time is presumed as a description of the result and can’t refer the result to the cause, since there would be in every instance of the time the possibility of realization of a result with the presence of the conditions and causes and also with the absence of impediments. Though failing to establish this causation, the damages may be transferred to another period of time and the interference of some factors may accelerate or postpone the realization of the damages. The aforementioned factors in which cause the result to be ascertained whether immediately or gradually before the due time are assumed as accelerating factors. having considered this assumption that the damage is actually the effect of a specified cause and that its realization because of that cause would be conclusive but owing to the interference of the new factors, has been ascertained without involving that specified factors and before the due time, some authors have exempted the accelerating factor from the liability; while the rules of civil liability confront this idea with serious problem.
Private Law Research
Allameh Tabataba’i University
2345-3583
4
v.
15
no.
2016
35
52
https://jplr.atu.ac.ir/article_4455_a1aa300c09325df586a861263616b2f6.pdf
dx.doi.org/10.22054/jplr.2016.4455
The legal posittion of contemporary art in liteatal and artistic works law
مهدی
زاهدی
هیات علمی و استادیار دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبائی
author
shirin
sharifzadeh
دانش آموخته کارشناسی ارشد حقوق مالکیت فکری دانشگاه علامه طباطبایی
author
text
article
2016
per
Abstract:International conventions and provisions in the context of literary and artistic works law can legislate direct and indirect criteria for protection.These criteria that have been founded in the traditional definitions and categorizations of art,can not contemplate a vast area of the contemporary arts.What we know as contemporary art today has a set of unique features that do not follow the traditional artistic framework and rules.The contradicting features of this form of art lead it to a form of pluralism.some artwork like events are self-demolishing or contain a deteriorating element.The necessity of originality,idea/expression dichotomy and fixation of literal and artistic work in materialistic mediums are challenged in many forms of contemporary art,and in some cases,the art piece never finds a materialistic form.Due to the extent of the concept of art in the modern world.This article tries to investigate how international laws could protect artwork and find out how much current literal and artistic laws can support them.
Private Law Research
Allameh Tabataba’i University
2345-3583
4
v.
15
no.
2016
53
83
https://jplr.atu.ac.ir/article_4457_9f184f4ff87187bb4dbec6d19939135b.pdf
dx.doi.org/10.22054/jplr.2016.4457
About Some Innovations of Patrimonial Condemnation Enforcement Procedure Act
hassan
mohseni
دانشیار حقوق خصوصی دانشگاه تهران
author
text
article
2016
per
Patrimonial Condemnation Enforcement Procedure Act, undoubtedly is one of most important positive laws that since Constitution Revolution, was under consideration of legislator, justice, parties and lawyers. During times and today’s needs and development of peoples relation in society have necessitate the revision to Patrimonial Condemnation Enforcement Procedure Act. A work that have been done and resulted in 2015. Legislator in accordance of effective enforcement have endeavored to take useful reformations in our former act and it seems that he was successful in many this work. Therefore, novelty of many institutions and notions besides of insufficiency and ambiguity of many articles of this act have causes difficulties for judges, parties and lawyers in interpretation and comprehension of its rules. Many question posed in this article about property research and principle of observing the law in that research, imprisonment of debtor, procedure of insolvency, insolvency of moral identity, default in insolvency, the motivation of transferring the property for non-paying the debt, scope and transitional law. In a general evaluation, we can say that new act is an acceptable act and have observed many requirements of effective enforcement.
Private Law Research
Allameh Tabataba’i University
2345-3583
4
v.
15
no.
2016
85
107
https://jplr.atu.ac.ir/article_4458_8596089d9b53d13116a870a331ede1a6.pdf
dx.doi.org/10.22054/jplr.2016.4458
Comparing the Provisions of Principe de Contradictoire under Iranian and English Law
Sam
Mohammadi
University Of Mazandaran
author
mehran
alamdari
دانشجوی کارشناسی ارشد حقوق خصوصی دانشگاه مازندران
author
text
article
2016
per
Guaranteeing the equality of the parties before the court is one of the most important characteristics of a fair judicial proceeding. In this regard, it should be said that each party has the right to be informed of the other party's evidences and claims, challenge those claims and state his own evidences and claims. This right is recognized in both the Iranian and English legal systems, although there is no express statement of it in legal documents. By comparing the provisions of the two systems, this article tries to seek out and extract Principe du contradictoire in both systems. We will see that although Principe du contradictoire is originally a French principle, it is so closely connected with mandatory rules and internationally accepted principles that it is impossible to deny its existence in Iranian and English legal systems. It is certain that comprehending the nature and role of Principe du contradictoire in English legal system helps us find new aspects and discover unknown angles of this principle in our own legal system.
Private Law Research
Allameh Tabataba’i University
2345-3583
4
v.
15
no.
2016
109
127
https://jplr.atu.ac.ir/article_4460_6df904350423c9b55fa6602921efc4ec.pdf
dx.doi.org/10.22054/jplr.2016.4460
tort in the cyberspace
RASOL
MALAKOTTI
دکتری حقوق خصوصی دانشگاه مفید قم (نویسنده مسئول)
author
Parviz
Savarayi
استادیار حقوق خصوصی دانشگاه شهید بهشتی
author
text
article
2016
per
in the cyber space tow group players are acting. one of them are internet intermediates such as internet service provider and site mangers and data producer also second group of them are users that are end consumers of internet service. the resource of making tort in the cyber space is same with others resource in the actual world because of nature difference between cyber space and actual world we can not performance total rules of basic tort in cyber space all so we can not performance same and one doctrine about this world. in this paper we try to reconnaissance the players who are present in the cyber space. and we could comparison resource of making tort in actual world white cyber space. at end we try to comparison important doctrine about base of tort in cyber space. finally we can not performance all rules of tort that there is in actual world in the cyber space but we should be more inventor
Private Law Research
Allameh Tabataba’i University
2345-3583
4
v.
15
no.
2016
129
149
https://jplr.atu.ac.ir/article_4456_13256add47476a91bb6ebb56f3e73af4.pdf
dx.doi.org/10.22054/jplr.2016.4456